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(영문) 서울북부지방법원 2020.12.10 2020고단2740

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years at the Seoul Northern District Court on December 12, 2019 for a crime of violating the Road Traffic Act on December 12, 2019, and the said judgment became final and conclusive on December 20, 2019 and is currently under suspended sentence.

On May 20, 2020, at around 12:25, the Defendant, without a motorcycle driver's license, driven a business B 125cc Orala and proceeded along three-lanes from the relay station to the core area without driving a motorcycle driver's license on the three-lane road in Nowon-gu, Seoul Special Metropolitan City.

Since the location is an intersection where signal, etc. are installed, in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by proceeding with a safe method, such as putting the movement of a vehicle through an intersection in line with the direction of signal apparatus and checking whether a vehicle traveling along the intersection is a vehicle driving through an intersection by viewing well the right and the right of the road and the right and the right of the road.

Nevertheless, when the defendant neglected this and neglected to violate and proceed with the signal, he received the right side part of the victim C (Nam, 59 years old) driving in accordance with the new code from the opposite part of the defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the car of the 2,395,868 won as repair cost, thereby breaking off the road with fugitives and leaving the site without taking necessary measures to set up three-lanes of the Defendant’s Austrias.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a statement on the occurrence of traffic accidents in preparation of the defendant's statutory statement C, a survey report on the actual condition of traffic accidents, a driver's license register of vehicle driving licenses, etc.

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54(1) of the Road Traffic Act (the point of taking measures after the accident, the choice of fines) and Article 154 subparag. 2 of the Road Traffic Act.